Cap. 646 Art. 23Establishment and composition of the Tribunal.

(1) There shall be an independent and impartial Tribunal which shall be competent to:

(a) hear appeals brought by any person following decisions, orders, or administrative instruments issued by the Authority; and

(b) hear claims in connection with breaches of an administrative nature and as a result of which an administrative penalty can be imposed.

(2) The Tribunal shall not be subject to the control or direction of any other person or authority.

(3) The Tribunal shall be composed of a Chairperson who has at least five (5) years of experience as a warranted legal professional and two (2) other members who are warranted professionals in fields related to health and safety at work with at least five (5) years of experience.

(4) The Minister may by order in the Gazette establish panels of the Tribunal, and may designate the categories of cases that shall be assigned to each panel and may by subsequent order change, revoke or substitute such order:

Provided that nothing in this article and no changes in the composition of the Tribunal or in the qualifications of experience required of its members that may occur from time to time, shall effect the validity of anything done or still to be done by the Tribunal as composed when the case was assigned to it, or the continuation of proceedings before it when such proceedings commenced.

(5) The Chairperson and the two (2) other members shall be appointed by the Minister for a period of three (3) years:

Provided that the Minister may confirm any appointment from year to year and may direct that the outgoing Chairperson or member may continue to sit on the Tribunal in respect of any such matter that he has already taken cognisance before the termination of his appointment until such matter is determined.

(6) The Chairperson shall have the right to administer the oath and examine witnesses:

Provided that a member of the Board and the Executive or an employee of the Authority may not be appointed as a member of the Tribunal.

(7) The names of persons appointed to serve as Chairpersons or as members of the Tribunal shall be published in the Gazette.

(8) The Minister shall also appoint a person to act as secretary of the Tribunal.